Land Use & Zoning

Under Montana law, a landowner may bring a 'takings' claim against the government when:

AAny regulation affects their property value
BGovernment regulation goes too far and effectively destroys substantially all economic value of the property without just compensation✓ Correct
CZoning is changed to a less profitable designation
DThe government prohibits any single land use

Explanation

Under the Montana and U.S. Constitutions, a regulatory taking may occur when government regulation effectively deprives the owner of substantially all economic value of their property. Partial diminutions in value are generally not compensable unless the regulation is unreasonably excessive (Penn Central factors apply).

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